>> you asked for pictures. this is outside of our front door. >> let's see it. i'm waiting. >> you're killing us, kelly! >> that's beautiful. nicely done. thanks so much for watching. >> here's gretchen carlson on "the real story." see you tomorrow. thanks, guy. today on "the real story" could american's volunteer firefighters be the next to take an obama care hit. a concerned congressman joins us. there's word federal exchanges are pushing unqualified people into medicate. that could leave them paying more than they should. plus, the guy who amputated his own arm inspiring a hollywood movie now charged with domestic violence. and a newlywed couple accused of using craigslist to kill a man just for the thrill of it. hi, everyone. hope you had a fantastic weekend. i'm gretchen carlson. we kick off "the real story" today with a big change to the obama care website which for the first time now lets consumers see plans before they have to actually sign up for them.

healthcare.gov came under fire for not having the window shopping option when it first launched. a key component widely available on many other web shopping sites. chief white house correspondent ed henry live now with the story. ed, have the new updates to the healthcare.gov website improved the user experience? >> reporter: gretchen, that's certainly the hope here at the white house. they figure if you can get that website working full time, you can get people have been a more user friendly experience, they won't get upset. they won't go away. they'll actually try to stay and enroll. but as you know, the case republicans have been trying to make is that even if the website is fixed, once you get on there and try to enroll, you may get some sticker shock. which republican ron johnson is talking about today, although a democrat, ezekiel emanuel, one of the architects of the law insists the more people learn about the benefits, the more they'll like it. take a listen. >> in wisconsin, a young man, 27 years old, his -- on average his insurance costs will increase by 124%. from $1,100 a year to over

$2,400 per year. that's because of obama care. >> no one has launched a big pr campaign to get these people signed up because of the problems with the federal website. we are about to launch a big pr campaign. and that, i think, is going to persuade a lot of people. >> now, as part of that pr campaign, as mr. emanuel calls it, today the white house is trying to tout the fact that medicaid is being expanded all around the country to get millions of people who don't have insurance right now covered. of course, that means taxpayers kicking in the money to cover these folks. the question is going to be whether or not the math adds up in the end. whether you can get enough young, healthy people to sign up for the law in order to help pay for all these millions of folks coming in who did not have insurance before, gretchen. >> that's a catch. as well white house officials are launching a campaign, they did last week, to sell the benefits of obama care to the american public. but what's the new message today? >> reporter: well, you know, talking about medicaid specifically in the state of north carolina, there are some states where you have seen there have been roadblocks to actually get it going. they say inside the white house

that once you get it expanded, it's going to mean a lot more people being covered. but republicans are saying it's not just a cost issue. it's the question of when you look at these enrollment numbers, is it because people are actually signing up and paying into the system, or is it folks just getting medicaid? is that beefing up the numbers and sort of distorting the picture? gretchen? >> all right. ed henry live for us at the white house. thanks so much. >> good to see you. more trouble for obama care now with the word the federal health exchange is now determining that some people with salaries as high as $80,000 a year, $80,000, are eligible for medicaid when clearly they are not. here's why that's a problem. it leaves them with little chance to get the subdy dized insurance they are actually entitled to by the december 23rd enrollment deadline. these people are left in insurance limbo while they wait for the error to be corrected. now to a fox news alert. because the senate just now convening on capitol hill after a bit of a break and a vote on a controversial judicial nomination is expected to cap off a very busy day.

now, why is this controversial? because it's going to be the first nominee voted on since harry reid and the democrat controlled senate decided to invoke that so-called nuclear option. which greatly reduces the minority parties, the republican's, ability to stop the process. the last time patricia millet came up for a vote from the d.c. circuit court, she was blocked. this time around she will likely sail right through. the court she'll serve on seen as the second most powerful one in the federal system and a steppingstone to the supreme court. remember the president's promise that you could keep your doctor under obama care? well, now the chief architect of that plan seemingly altering the storyline yet once again. watch ezekiel emanuel with chris wallace with the new caveat. >> the president never said you were going to have unlimited choice of any doctor in the country you want to go to. if you want to pay more for an insurance company that covers your doctor, you can do that. this is a matter of choice. we know in all sorts of places you pay more for certain -- for

a wider range of choices or wider range of benefits. >> joining us now, guy benson, fox news contributor and political editor at townhall.com. guy, that is not what the president promised. he did not come out and say that you can keep the doctor that you like for the last 3 1/2 years in his stump speeches, he never added that caveat that you'll have to pay more for it. right? >> the administration's revisionism is head spinning. and you watch that clip and that exchange from "fox news sunday" yesterday and it really does speak for itself. this president likes to be clear. and he was very clear on that promise. he said, quote, if you like your doctor, you will be able to keep your doctor. period. and now it seems like zeke emanuel is altering that. he's saying, well, actually, under the pared down, scaled back obama care plans available to a lot of people, they might not be able to keep their doctor. if they want to, they might have to shell out a lot more money to do so. that is a far cry from what the white house said and what the

president said over and over again to an american public that took that promise based on its plain english meaning and understood, internalized what that would mean for them. the white house is saying not so fast. >> we've heard about these 5.5 million people who've had insurance plans canceled. now when you're talking about losing the doctors that you like, we're talking about millions. millions of people who might experience that. and quite frankly, would not be able to afford to shell out the kind of dough that we might be talking about here. not to mention -- >> that's right. >> -- there was actually a -- maybe another lie in that statement, in that little clip of that interview as well. because emanuel also said this. no one guaranteed you that your premium wouldn't increase. premiums have been going up. well, i distinctly remember the president saying that your premiums would not increase. in fact, that his health care plan would save money. >> that's exactly right. that's another thing that the white house said. nancy pelosi and harry reid and virtually every elected democrat who was pushing this law.

it really is interesting. because when zeke emanuel is talking about maybe having to pay more for the privilege of keeping the doctor you were promised you could, that's on top of the increased premiums that many people are experiencing. and the increased out of pocket costs like huge new deductibles under many of these obama care plans. for them to try to now go back and say no one promised lower premiums? they're free to make that argument. the american people are free to laugh in their faces. because they said it repeatedly. we remember that. there's videotape of this. >> not only now do we have potential broken promises, but now we have privacy, more privacy issues as well. let's go out to california where the health exchange there apparently in some sort of a pilot program shared consumer contact information with insurance agents. in other words, maybe sold their private information even when they had not actually purchased a plan. so, guy, let's just assume that you went on. you kind of browsed the website. you put in some personal information. now those people are getting phone calls, hey, do you want to

sign up for health insurance or not? is that a violation of privacy laws in your mind? >> the state of california says they are following the letter of the law. they ran it by their attorneys who said it was okay. now, i think that probably comes as scant consolation to people who had their private contact information taken through obama care, through the obama care covered california website, and then disseminated to third parties, outside parties, without their knowledge or permission. california can say this is all legal. i think we'll see whether or not that's true. if that holds up in court, if there are lawsuits over this. but for the average person who may have just done some of that window shopping you were just discussing with ed henry, plugged in some of their information, now all the sudden they're getting phoned up by someone that they've never heard of before because the obama care website gave out their contact information? i think that's going to be another unpleasant surprise for many people. >> they keep coming. guy benson, thanks so much for your time today. >> thank you, gretchen. of course, we want to hear from you. what do you think about

california's health exchange sharing consumers' contact information with insurance agents? and should this happen or could it happen to you? send us your thoughts by going to my facebook page. facebook.com/gretchencarlson. we will read your comments or try to, at least, at the end of the show. a grim milestone this saturday. that day marking one year since the school shootings in newtown, connecticut. some of the victims' families releasing a statement a short while ago. here's chris orikos who lost her daughter, jessica. >> december 14th, 2012, forever and unalterably changed our lives. since that day we have been o r overwhelm bid the outpours of kindness, love, prayers, generosity received from the entire world. to simply say thank you is not enough to express our sincere gratitude. in the midst of our grief, we have come to realize that we want our loved ones to be

remembered for the lives they lived. >> wow. in the announcement the newtown families announcing the formation of a website to honor their lost loved ones. called my sandy hook family. presidents, prime ministers, heads of state from around the world now heading to south africa to pay tribute to nelson mandela. president obama flying to johannesburg for tomorrow's memorial service at a 95,000 seat soccer stadium. south africa's parliament also took time-out to remember the country's first black leader. there were also emotional prayer services in mandela's homeland and around the world this sunday. he died last week at the age of 95. after tomorrow's memorial service, nelson mandela will lie in state before his burial on december 15th. a video that shocked the whole country. a state trooper shooting up a mini van filled with kids. now he's fighting to get his job

back. hear what his attorney is saying. plus, technology giants uniting to fight government spying? what the likes of facebook and google may be able to do. we will debate that. how many times the president met with kathleen sebelius before the disastrous rollout of the obama care website. and why it's so hard to pin that exact number down. what was it? >> i don't have all the figures in front of me. but if you think about the cabinet and the importance of in this presidency in particular health care matters and health care reform, it's safe to say that kathleen sebelius has been one of the more frequent visitors to -- in attendance of meetings with the president. >> howard kurtz and his media buzz co-host. come on in.

fox news extreme weather alert now. wicked storms pummeling much of america today. a dangerous trifecta of snow, ice and rain. the massive storms canceling thousands of flights from coast to coast. causing dozens of pileups on slippery highways. the snowfall setting records, though, in some place. more snow falling in philly in one day than in all of last year. and more on the way. really? janet dean outside on the plaza for us. j.d., i know a lot of people feeling the effects of winter. >> reporter: yeah. already. it's really not even technically winter on the calendar. it's cold here in new york. across places like the midwest and northern plains, they're feeling temperatures they haven't felt in years for this time of year. you were talking about the snow

that we got from this storm system. look at some of the snow totals that we got. we got over a foot of snow in delaware. close to a foot in new jersey and pennsylvania. these were impressive snow totals. in some cases, we saw an inch or two of snow an hour. airport delays, we've got them all across the northeast. jfk, laguardia over two hours. newark as well. philadelphia, you're up to two hours. that continues. really the worst of the weather for now is over with. so this could be a ripple effect across much of the country. the system that brought all of that wicked weather, the snow, the rain, the sleet and the freezing rain is exiting. but we have this frontal boundary. and along that frontal boundary is where we're going to see our next weather maker over the next 12 to 24 hours. so we're going to see, unfortunately, a new storm system move in overnight tonight and into tomorrow, bringing more snow, more sleet, more freezing rain to areas that were affected yesterday. so, gretchen, it's going to be a trying time for the northeast

and across the rest of the country where we're into a deep freeze. much of the country is feeling temperatures way below average. back to you. >> all right, j.d. thanks so much. >> reporter: you got it. a high level reunion today. where is it happening? on air force one. president obama and former secretary of state hillary clinton flying together to south africa to attend nelson mandela's memorial service. but as talk of hillary's possible white house run in 2016 gains steam, there are signals she's doing more to distance herself from her former boss. joining me now is howard kurtz, host of "media buzz" here on the fox news channel. lauren ashbush, his co-host and fox news contributor. you barely got here due to the weather janice was talking about. >> it's wicked. >> lauren, let me start with you. you have them together. i'd love to be on this airplane, by the way. former president george w. bush and laura bush there as well. you have hillary and president obama together. yet on the outside it appears as if she maybe wants to distance herself, i guess because of obama care. >> she has a high wire act she

has to perform right now. because if she does run, she worked for the president. but yet she doesn't want to be associated with him if the health care rollout and the rest of this goes south. she has to balance what's good for her. and it doesn't look right now that being aligned with obama is that good for her. >> it's interesting, because i remember when i first started in journalism in the early '90s. we were talking about hillary care. it really does go all the way back to hillary clinton. but understandably now, with all of the debacle of the rollout, howard, she doesn't want to be associated with this. right? >> that is true. but at the same time, she doesn't want to alienate president obama's core supporters, particularly african-american voter who is she may need in 2016. james carville, long time clinton intimate, told me the other day no successful presidential candidate has ever run by saying the next four years are going to be exactly the same as the last eight. she has to be a different kind of democrat. then there's the bill factor. this came up in 2008 when the

former president made some comments that ticked off obama supporters and other democrats. recently he weighed in on the troubled obama care rollout, as you know, gretchen. >> right. >> suggested something the president actually ended up doing. but i don't think there was a lot of warm feelings in the white house about the way that bill clinton did that. >> kind of one of those things like you like it, but you don't. anyway, a second report now says president obama only met with health and human services secretary kathleen sebelius once face to face in the last 3 1/2 years. when white house press secretary jay carney was asked about it, he has a bizarre response. >> i wish you had called me beforehand. because i -- i'm in a very charitable mood today. so i won't go too strong on this. but that report, not the report you cited, but the published report that was written by an advocate is based on a ridiculously false premise. cabinet secretaries don't regularly get entered into the visitors logs because they come frequently. kathleen sebelius comes

frequently. >> all right. so he's defending the fact that these meetings took place. although two reports now say that they really didn't. >> maybe they snuck her in the back door. >> i don't know. lauren, the fact of the matter is, he said that the reporter should have privately called him. are we to assume, then, that he did not want the rest of the world to know about this? >> he just did. that's what doesn't make any sense about this. >> the cameras were on. >> everybody is going to see him saying you should have calmed e me. this is a symptom of a bigger issue which is that the white house is having a very contentious relationship right now with the press. we have seen this for a very long time. it is the most secretive white house that we've seen. and the press photographers, even put all them into it, have had a huge battle with the white house. saying you're not allowing us to cover news events. yet you're allowing pete sousa, great guy, to take these images. >> they were not always allowed that way. this has been a change around for the media as well. >> every press secretary gets into it with the press. this has been a very difficult few months for jay carney.

the toughest cover aage of this presidency. he uses techniques of belittling or challenging or dismissing at partisan some of the questions reporters ask. that's not by accident. >> so glad you made it to new york. you'll catch you next sunday on fox. thanks so much. a 22-year-old man and his 18-year-old wife accused of luring a man through craigslist. and killing him for the thrill of it. those details coming up next. plus, a chilling report the government could track you from your own web cam. so should you cover it up? let me know your thoughts. tweet me @gretchencarlson. you can use #therealstory. we'll read your comments at the end of the show.

welcome back, everyone. an alarming report raising questions about our privacy. so listen to this. "the washington post" reports the fbi can now turn on your web cam without you knowing about it. police using advanced surveillance techniques to track suspects. trace gallagher live in our l.a. newsroom with more. this is going to have a lot of people really concerned, trace. what do you know? >> we know the fbi has had the technology, gretchen, for a while. we're just learning through court documents they're actually seeking warrants to use this technology. to actually hack into your computer or your cell phone or your tablet and then flip on the camera without that green light coming on to show you that it's activated. now, the fbi apparently starts by fishing. which is sending out a link that's hidden inside an e-mail. when the user clicks on the link, it connects to a computer in quantico, virginia. which, of course, is the

headquarters of the fbi. then it downloads malicious software or malware into the suspect's computer. and then bingo, the fed gains control of the camera. listen. >> to me, the sort of shocking part is that the fbi figured this out. something that a lot of security experts didn't think was possible. to turn on your web cam without turning on the little green light. so when the web cam is on, it says, i'm on. there's a little green light. >> by the way, the fbi can also download photos and other e-mails. so far the fbi has tried to get two warrants to go after suspects' computers. one in denver for a man who threatened to blow up a building. a judge approved that warrant. in texas a judge turned down a warrant request calling it, quote, extremely intrusive. the aclu says it violates the fourth amendment limits on search and seizure, saying, i'm quoting here, we have transitioned into a world where law enforcement is hacking into people's computers and we've

never had a public debate. technology clearly is way ahead of the law on this, gretchen. but the fbi claims that it only uses this technique in very extreme circumstances. gretchen? >> yeah. but we also heard that about the nsa, remember? and all our cell phone calls? i asked this as my facebook question of the day today. we tweeted about it as well. i had a lot of people telling me on my phone, hey, don't put tape over that little camera because it can destroy it. so a lot of people suggested this, trace. i don't know if you can see me. a band-aid. i don't know if you've heard of that or not. >> a band-aid or i can go you one better. a post-it note. the guy you just heard from said put a post-it note up on the top of the camera. that way the sticky material you might get from the band-aid or tape gets on the camera. just put the post-it note on top. there it goes. >> you pick yours up and put yours on yours. i'm going to put this band aid on this computer right now. okay? there we go. all right. now we're protected,uddy. >> you can still see you on big

camera, though, gretchen. >> i forgot. trace, see you in a little bit. in the meantime, they protect our families with little or no pay. now some american heroes, our volunteer firefighters, could have to take on more cost over obama care. unemployment benefits at risk if congress can't pass a budget before the holiday break. the president warning what this could mean if they don't act. >> if congress refuses to act, it won't just hurt families already struggling. it will actually harm our economy. unemployment insurance is one of the most effective ways there is to boost our economy. >> well, our business panelists here to debate what we lose and what we gain if those benefits end. make your way over here, biz whizzes.

time for a quick check of your headlines. watch out below. amazing video. sheets of ice raining down from the rooftops at an apartment complex in plano, texas. nobody was hurt. new video of a mini van packed with kids, the new mexico state trooper canned for firing the shots appealing his dismissal. in a statement his attorney says every day police officers put themselves in danger to protect the public. the driver of the mini van had been stopped by another trooper for speeding. she fled twice after that officer tried to give her a ticket and arrest her. in phoenix a gunman

surrender after an hours long standoff with police at a hospital. the man was also armed with a knife. before police arrived he pulled the gun and barricaded himself in a bathroom. another reason why passing obama care before finding out what was actually in it could be a bad idea. volunteer firefighters saying they and the life saving work they do could be the next victims of the new health care law if the towns where they volunteer are forced to provide health care coverage now for them. congressman lou barletta has been seeking clarification from the irs with no concrete answers as of yet. the pennsylvania republican joins me now on the phone. good to speak with you, congressman. >> nice to talk to you again, gretchen. >> all right. so what's your concern? >> my concern is that currently the irs classifies volunteer firefighters as employees for federal tax purposes. this means that they could be required to provide health care or pay a fine under the affordable care act if they

reach 50 volunteers or not. or even if they are grouped together with other employees from the township, borough or municipalities. we all know volunteer fire departments across the country cowell nev could never be able to provide health care, which i believe could potentially close fire houses across the country. >> this is so stunning to find this now out, congressman. i know in your particular district, aren't 97% of the firefighters on a volunteer basis? >> actually, across the entire state of pennsylvania. 97.5% of all the fire companies in pennsylvania are volunteer fire departments. that's the fourth largest in the country. what worries me is that we have been trying to get clarification from the internal revenue since the summer. now, this was to be the law of the land already. and this is obviously another unintended consequence. nonetheless, potentially could affect fire departments all across america.

>> when you reached out to the irs, they simply don't have a concrete answer for you? they say they'll get back to you? what's their response. >> their response is it's under review. i honestly believe this can be simply clarified with language that would just explain that -- that volunteer firefighters are nonemployees under the affordable care act. >> here's the amazing thing, congressman. there have been dozens of waivers for big corporations and other entities with regard to obama care. why wouldn't this just be a simple waiver? >> that's right. that's exactly what our point is. is that they could not be seriously thinking about requiring volunteer fire departments to pay a fine or provide health insurance. that's what's concerning me that it's taking so long. you know, i believe i may even draw up a bill this week to try to clarify this. because volunteer fire departments should not be worrying about whether or not they can provide service to the

communities they love. >> congressman, please keep us posted if you do decide to put that bill forthright. thank you so much, congressman lou barletta. one of the biggest obstacles to a budget deal in washington is a possible extension of jobless benefits. many republicans oppose it. but president obama and other democrats say extending the benefits is good for not just those struggling families, but for the overall economy. listen to this. >> i do support unemployment benefits for the 26 weeks that they're paid for. if you extend it beyond that, you do a disservice to these workers. >> if congress refuses to act, it won't just hurt families already struggling. it will actually harm our economy. unemployment insurance is one of the most effective ways there is to boost our economy. >> joining me now is simon constable, columnist for the "wall street journal." gibbons of the financial planner. vera. and mielissa francis. simon, we hear juxtaposing viewpoints on that. on the one hand we have a report that says it's going to create 200,000 jobs next year if we

extend unemployment. on the other you have many republicans who say this is just incentive for people to not get back out there and find a job. >> it cannot be that 200,000 jobs are created by extending unemployment benefits. what you do to create jobs is to pull back government regulations. lower corporate tax rates. really get the economy moving again. not unemployment benefits. companies. that's what everyone's missing here. maybe this will do the republican house members some good if they extend it. maybe it'll help get them re-elected. i think the bigger issue is we need an economy that creates lots and lots and lots of jobs. >> that's become the new norm, has it not, vera? >> it is. a total disservice to the americans who are out of work. all of these people, one in three of the unemployed are long-term unemployed. they have a big problem. they need real jobs. by extending the benefits you're just delaying the inevitable. they need good paying, solid jobs. >> you had cited a report in the

commercial break that said people mostly go out to look for a yob in the final week of when their money is going to run out. >> when they have to. >> there was research from allen krueger, head of the president's own national council of economic advisers. he did impeer cal work that said it extends the duration of unemployment and that people spend three times as much time looking for work in the last two weeks before their checks run out. it just makes logical sense. no one wants to take food out of anyone's mouth. but there's data that shows it extends the time. >> it's being welfare by a deferent name. no one wants anyone to go hungry. no one wants families to be starving. call it what it is. don't call it unemployment. ca call it welfare. >> a lot of people do it. i can't find a job or won't find a job. >> interesting. let's move on to the next topic. to some of the biggest names in silicon valley including google, microsoft, facebook, banning together now, calling on the nsa to rein in vast surveillance of americans.

melissa, is this just all for pr? are they now on the other end of lots of americans who think it's overdone? >> they're in a really tough spot. because if people don't trust their security on their websites and their browsers, they're not going to go there. that's their bread and butter. that's their business. at the same time, you don't want to cross the government right now. you see what's happened to jp morgan and others. you get out, speak out against the government, you resist, it feels like you become a target. they're in a really tough spot. >> vera? >> consumers obviously need to be protected. that's the role of the government. privacy has become a big issue particularly as of late. it's a big problem. on the other side you do have these big company. they're less interested in privacy as they are in profit. >> they took a big rap recently because consumers felt like they were with the government on this. giving over information. >> that may be true. the big issue here is how are you going to know if they've actually reformed anything? how do you know? this doesn't happen in public. this happens behind closed doors. nothing to see here. we stopped.

really? how am i going to know? it's a trust issue. if the trust is gone am i really going to believe you? >> kind of like that web cam we talked about earlier. if the green light doesn't come on, we don't know what they're doing. >> get a post-it. >> or a band-aid. court action in the newlywed murder trial as a woman stands accused of pushing her new husband off a cliff to his death just days after they got hitched. our legal panel weighs in on that. those aren't santa's boots coming down the chimney. who they belong to. why it turned into a real christmas surprise. >>probably more nervous than i've ever been in my life. and i'm pretty excited. i miss holding them. i want to hold them. i want to see them.

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a young newlywed couple now stands accused of a thrill killing in pennsylvania. police say 22-year-old elyette barbour was arrested days after his 18-year-old wife miranda. she was initially picked up for

luring a man to his death with a craigslist ad. she claims she met with victim, the man you see here, and that he tried to grope her while they were driving in her car. she says she then stabbed him, but never mentioned that her husband was hiding in the backseat. and he later told police that on his wife's signal, he wrapped a cord around the victim's neck, restraining him, while she stabbed him. horrible story. police say they apparently wanted to kill someone together. fox news legal analyst, doug byrnes, defense attorney and former prosecutor. what have we come to in our society? if any of this pans out to be true, that you just kill somebody together because you want to? >> apparently they've been planning to do this for a while. they just had to find somebody. they found this guy because he answered the ad. and they -- so that's from a prosecutor's standpoint, that's great, in quotes, gretchen. that means premeditation. they premeditated. they knew when they went out there to get this guy to answer that ad, him in the backseat,

they had a plan. in fact, the husband said i did it, meaning the rope around the neck, on her signal. then the stabbing happened. 20 times. 20 stab wounds. >> you don't agree with the premeditation, though, right? >> not necessarily. first of all, it's interesting. a little legal history. in the '20s there was a case. two young kids from upper middle class wealthy backgrounds decide they want to kill somebody. they were both convicted, by the way. the case, multiple books about it. i'm not saying i disagree with premeditation. i'm saying they're probably going to raise an insanity defense. after all, who, as you said at the out set, gretchen, is going to kill somebody for the thrill of it? >> insanity? they knew enough to go on craigslist. >> doug is a great defense lawyer. that's what you're going to argue. that's all you have. key piece of evidence for me? what did they do after the stabbing? she goes. this is on surveillance. she goes and buying cleaning products to clean everything up. >> there it goes, doug. bye-bye. >> you're cleaning up the crime,

you know right from wrong. >> let's see where you come out on this one, doug. because there's another newlywed case. remember this story? the newlyweds, then they go to the grand canyon, i believe it e. and the wife allegedly pushes her brand-new husband off the cliff. she says they were fighting and it was an accident. that he accidentally fell back. there was talk about that maybe he had been blindfolded. but the trial starts today. what's going to happen in this case? >> she's going to be convicted of something. i don't know if it's going to be first degree premeditated murder. here's a couple of things. she lied from the beginning about this. now, if it was just an accident, don't you think she would, oh, my goodness, what happened to my husband here. please help. she lied. she con trstrued this whole thi about a different car, he was never there, all of that. plus, gretchen, before the murder, i'm going to call it, alleged murder, she sent an e-mail saying to a friend of hers, saying if you don't hear from -- dead serious. if you don't hear from me at all

again tonight, something happened. this was an e-mail after saying she had second thoughts about their marriage. >> here's the thing, doug. there's nobody out on this cliff with them together. >> exactly. >> apaerntly the prosecutors have no eyewitnesses. so is it kind of a -- there's no he said. he's gone. >> i think lis agrees it's a hard case technically to prove first degree murder beyond a reasonable doubt. we don't know if she shoved him. look, oliver wendell holmes, great supreme court justice said jokingly, even a dog can tell the difference between being kicked and stumbled over. the point being, was he shoved or was it an accident. >> in the court of law is there such thing as consciousness of guilt? >> absolutely. >> can the juries hear that? can they make a decision about murder based on what they think was going on in her mind? >> like making up different stories -- >> can you really pull the trigger on a first degree murder just because somebody lied? i'm not sure. that's a good point. >> gretchen's question, will she

be convicted of something. maybe not premeditated. but of something. >> i think that's right. >> you feel better now, doug? >> you guys beat me up here pretty good today. i'll go lick my wounds. >> we love you. >> it's so much better when we have a variety of opinions. >> exactly. fair and balance ebalanced. he became famous for his courage after amputating his own arm during a hiking accident. remember aron ralston? he was arrest. we now have breaking news on the case in a live report coming up next. controversial toronto mayor rob ford says he can prove he's not using drugs. >> i have no problem doing that test. >> rob, there's absolutely no need to do a urine test right now.

fox news alert. the hiker who inspired the movie "127 hours." aaron ralston became famous after amputating his own average to free himself from a boulder. he was arrested on domestic violence charges but now we're hearing that case has been dismissed do we know why, trace? >> we don't know but he spent two nights in jail and we heard from our reporter in the local affiliate in denver, this was dismissed by the judge. the back story, aaron and his girlfriend came home from dinner on saturday night and had a heated argument. reports say the girlfriend hit ralston in the head twice and he pushed her. both were arrested for assault and both were charged with wrongs to a minor because they have an aig eight week old daughter aaron ralston's father was watching. under colorado law that means

the child was exposed to danger but not that they were hit. ralston was confident the child was not hurt, and the judge agreed because they have now dropped all of the charges. it could have been up to a year in jail. remember, they both accused each other of assault, and now this thing done. no bail or nothing, just been dismissed. we all know aaron ralston gained notoriety when he was in utah hiking, barreled dislodged, trapping his right arm, and after five days he broke the bones in his arm and then amputated it with a small knife. he wrote a book and that became the movie, "127 hours" starring james franco. the big news is ralston and his girlfriend were identifying over his other child, two-year-old he had with another woman. that charge and the arrest has been dismissed. >> maybe because they were both

charged. usually the charges don't go away that quickly. thank you so much. toronto's crack-smoking mayor says he is willing to do a drug test. right now. rob ford, known for wild antics, many of them caught on tape like this, will now offer to prove he is drug-free in an interview on canadian television. >> they want me to do a drug test, urine test, i have no problem doing that test. >> there's no need to do a urine test right now. >> ford was stripped of most of his powers by the city council, but he has not been removed from office. he says he's not going anywhere. >> it's a special day for this guy. coach ditka. what he celebrating, next. a christmas story you have to see. we'll tell you who is coming down the chimney in a heart-warming story. even santa claus himself wants you to stay tuned for this one.

iniquitiy >> love these good news stories. a christmas surprise for a military family. >> i surprised you! >> guess what. coming down the chimney, that guy, not santa, an airman, home in niagra fallses for the holidays. he had not seen his kids for seven months and now the family doesn't want to be apart again. >> i'm amazed. >> when i get home, just want to sit down and do everything with him. >> so excited. i cannot wait to go through the holidays and hold them and never let them go. >> a great christmas surprise. before the family heads home they plan to pick up the family christmas tree. good for them. >> creepy. that's the word we keep seeing in your comment busy that the news the fbi can allegedly turn

on our web cams cam watch us. >> from bren darks they'll be board to together. >> we're hearing word the obamacare web site is sending'em to limbo. one said it tried to put me on me okayed and i refused. >> in georgia, we have no options, no medicaid and cannot afford the premium. >> it's mike ditka day in illinois, honored hours before his jersey will be retired at the bears-kobes game. the governor calling ditka the best tight end of all type-and the coach molded the arguably best football team, revving to the 1985 super bowl charms. remember that? i do.

thank you for being part of the story. now time for a guy who i don't often see other than when i talk to him right here. shep, need to come in contact with you more. your office is just down the way. >> let's do lurch. >> why not. >> you know, a monster storm is on the move. so let's get to it. >> would you look at the pictures pop lating the ribbon that surrounds the news deck. over the weekend, massive car crash that began with a pedestrian hit on the pennsylvania turnpike. on and on with people sleeping in airports, trying to dig out, up and down the east coast. dealing with flight delays, traffic crashes, and pounds and millions of pounds of snow, and lots of roads that were impassable, airports you couldn't get out of. it's been a mess. the not so good news is, there's more to come. and this next one could provide even more. i want to walk over to the big wall and